ROCHESTER — An attorney representing Richard Penney, the man charged with taking a woman hostage during a standoff in Middleton, is asking a judge to determine whether Penney is competent to stand trial.

Foster’s has learned that a public defender representing Penney filed a motion on Thursday, Feb. 7, in Rochester Circuit Court seeking a competency hearing.

Strafford County prosecutors have yet to respond to the motion, which asks a judge to determine whether Penney is fit to stand trial.

Penney is accused of holding a loaded gun to his brother’s head on Thursday, Jan. 31, then stealing a semi-automatic rifle and forcing his way into a woman’s home. Penney allegedly threatened to kill the woman and harm himself during an ensuing standoff with police.

The ordeal ended peacefully about three hours later when Penney was convinced by a State Police SWAT team negotiator to emerge from the Lake Shore Drive home.

Penney faces five felony charges, including theft of firearms, armed robbery and kidnapping. He entered no plea during a video arraignment on Feb. 1, and was ordered held on $500,000 cash bail.

Police have provided little information about Penney’s background, indicating only that he is believed to be homeless, though he lived in Middleton at one time. Prosecutors have yet to comment on what they believe triggered the standoff.

Assistant Strafford County Prosecutor Matt Zahn said Penney does not have a criminal record. Zahn declined to comment earlier this month on whether Penney has a history of mental illness.

If he makes bail, Penney has been ordered to undergo a mental evaluation and to wear a GPS tracking bracelet. He has been ordered to have no contact with his brother or the woman he allegedly held captive, or to come within close proximity to their homes.

A probable cause hearing scheduled to take place Monday in Rochester Circuit Court was continued. A new date for the hearing has not been set.